Deciding On the Importance of Metadata: A Forgone Conclusion?
March 18, 2011
We were surprised to see “Judge Scheindlin Decides that the Metadata Is “Integral” in FOIA Case: Fmr. Judge Ron Hedges Weighs In“. Around the pond, as is the case within the industry, this is a point that was assumed settled some time ago. What took so long for these legal eagle guys to catch up?
The crux of the piece is a case involving the application of metadata of four separate Government agencies and how it relates to the Freedom of Information Act (FOIA). When these agencies were petitioned for documentation under the FOIA, they did not provide the corresponding metadata. Currently there is no precedent which covers metadata’s incorporation into the public record. Citing a class action suit involving the Department of Homeland Security in which unlawful search and seizure of property fostered a debate regarding metadata production, the judge made this statement:
“[b]y now, it is well accepted, if not indisputable, that metadata is generally considered to be an integral part of an electronic record.”
Of course, the government was not ready to concede. They went on to argue that the information must be requested and then reviewed before its release, a point that finds backing amongst other parties. To read the full debate, see the source article.
What can we take away from this? Very little in reality. Still no absolute rules are formed in regards to metadata, regardless of its inherent significance. The continuing conversion to digital information, coupled with our progress in efficient manipulation of data, seems to have outpaced the writing and applications of the governing laws. This issue is far from resolved, though the hope seems to be that it will serve as a foundation for future discussions.
Sarah Rogers, March 18, 2011
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